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County works out revisions in culvert policy
The Bourbon County Commissioners expect to have a draft copy of a revised policy for its culvert installation and its permit fees for utility companies by Monday.
On Friday the commissioners met with Holly Powers, engineer with Schafer, Kline and Warren, the firm the county has contracted to assist in writing its regulations.
The commissioners have heard from private contractors asking for the policy to be changed to allow them to install culverts. On March 13, Marvin Williams approached the commissioners about a bill his son received for installing a culvert at his son's residence. Williams said he believes residents should have the option to hire a private contractor who might be willing to negotiate at a lesser cost than the county would charge. Williams said as the county's policy stands now, the county is creating a monopoly on culvert installation.
Currently, a new homeowner or new business is to pay for the materials and cost of construction for the culvert. If the culvert already exists and the property owner wants to move the entrance, the property owner would be responsible for paying for the materials and construction again, Powers said.
After the culvert is installed, the culvert becomes the county's responsibility and the county will maintain and replace the culvert as necessary, according to Powers.
Commission Chair Barbara Albright asked if that policy is typical with other counties.
"Yes and no," Powers said.
She said in Neosho County, where she lives, the county will install the first culvert at no charge, and the property owner is responsible for any additional culvert and the property owner is responsible for the culvert after the initial installation.
"This is one of the issues that a lot of the counties are different," Powers said.
She said in Wilson County, property owners have to pay for all of the culverts, but the property owner is allowed to install the culverts themselves.
Powers said she remembers one conversation when Bourbon County Commissioners discussed allowing private contractors to do the work, as long as the contractor is licensed and bonded, and the county would inspect the work.
She had a copy of an application the county could use.
Third District Commissioner Harold Coleman said there are about 11 contractors on the county's list that are licensed to install septic tanks.
Powers said because Bourbon County is not zoned, it does not have any license requirements for contractors building a house. The only state requirement for contractors being licensed is for roofing contractors, she said. Electricians and plumbers have national codes to follow, she said.
She recommended checking with the City of Fort Scott to see what requirements it has for contractors, then "piggy backing" off of that so the county and city won't have two sets of rules for the same contractors doing the same type of work.
County Attorney Justin Meeks offered to find out what the city of Fort Scott's standards are for culvert work.
Harris asked, if the policy is changed, would there be the perception that the county is in direct competition with the private contractors?
Coleman and First District Commissioner Lynne Oharah said the county won't be bidding against a contractor, but would be an option for the residents.
In 2014, when Kevin "Skitch" Allen approached the county about allowing private contractors to do the work, he was told the policy was written because the county is liable for its right-of-way. On Friday, Albright asked about the liability issue, if a private contractor installed a culvert and someone was injured because of the culvert.
Oharah and Harris said the liability would be with the county because the county would have inspected the culvert. If the culvert is not installed right, the county would require the work be redone.
Harris recommended stating in writing that the county must have 24-hours' notice for the inspection to be done, and the county also must specify the size of the culverts.
Powers recommended the county include a standard installation design for culvert work in case for some reason an inspection doesn't take place.
"You can still come back, 'Wait a minute, we have adopted standard installation details for culvert. This contractor did not install it per these details.'" Power said. "So the fault would really fall on (the contractor). That's just a way for you guys to cover yourself again."
Permit fees
For almost a year, commissioners also have been wrestling with whether the county should charge a permit fee to utility companies digging or boring through county right-of-ways.
"We've battled this and battled this in our county," Albright said. "We have not been charging because we have been battling back and forth, when you have progress in your county should you be charging them."
"Should we be charging them, Holly?" Coleman said.
"Honestly, in my opinion, yes, you should be charging them something," Powers said.
Oharah said he believes the county should charge a fee if the company is cutting the road, but not if the company is boring beneath the road.
"I know any time you cut a road, you're going to have to go back and redo the road in a few years," Oharah said.
She said the county doesn't have to charge, but she recommended charging enough to cover the cost of having paperwork and inspections done. She also recommended the county have someone on-site anytime a company is open cutting a road to ensure the backfill is being done properly.
She said most counties don't allow open-cut work, and most contractors have at least a small boring machine. Coleman said the water districts do everything by digging.
Albright said when companies have open-cut county roads, the county has not had anybody inspecting the work.
"We've fixed them in the 12 months," Harris said. "And that's true."
He agreed with Oharah's recommendation to charge different fees for open cutting and boring. Harris said the water districts are the only utilities doing open cutting.
Powers also suggested the county might want to require boring beneath paved roads, but allow open cutting on gravel roads, which would be easier to repair. She said there also should be a clause to allow for emergency situations.
Sales tax rates
On March 13, Williams told commissioners the county had been charged the wrong sales tax rate for installing a culvert at his son's residence. The sales tax amount was from the city of Fort Scott, but Williams said it should have been figured from the point of sale, which was not in the city limits.
Since then, Albright said she asked Bourbon County Treasurer Rhonda Dunn to look at the state statute. Later, Dunn provided commissioners with a copy of the law, which changed in 2003, making Kansas a "destination" state. Dunn said the tax rate is based on where the customer takes possession of the item.
"Like (Nebraska) Furniture Mart will charge you Wyandotte County sales tax, and that's what they turn into the state," Dunn said. "When you take delivery, you have overpaid because our rate is lower. You can get a refund (from the state)."
She said an automobile is different. If a person buys an automobile in a county with more sales tax, there is no refund, but if a person buys an automobile in a county with a lower sales tax, the tagging county will charge the difference.
Dunn said she has provided a list of the sales tax rates in Bourbon County to the Public Works Department, and also would give the list to Harris.
Albright also asked Harris about the county's costs for culvert installation.
"I don't think we budget for putting new culverts in right?" Albright asked.
"Yes, we do budget for that," Public Works Director Jim Harris said. "It's so much a year for culverts."
"Do we figure any profit on that?" Albright asked.
"Well, someone has figured a little profit in for the gravel," Harris said. "That should be reduced."
The county's cost for gravel is about $3.80 per ton, he said. Harris said in 2014, the cost for gravel was $2.86 per ton after the county received its Federal Funds Exchange reimbursement.
Jail issues
Southeast Kansas Regional Correctional Center Jail Administrator Bobby Reed said the capacity of the jail decreased Friday after there was a water line break in one of the pods. Reed said he is having trouble getting a plumber in, so the while the water is shut off, one pod has been reduced from five prisoners to four. Friday morning's jail population was 31, Reed said.
The county also approved using funds from the general fund to pay $717.10 for jail project brochures. Commissioners already had approved using the fund to pay $500 for signs encouraging residents to vote on April 7.